Motion for Relief from Stay

Menu item to use:

Bankruptcy >Motions, Applications & Briefs > Relief from Stay  

SD code:

CM03

 

11 U.S.C. §362

FRBP 9014

Local Rule B-4001-1,  B-9013-1(b)

 

General Information:

 

 

 

 

 

 

 

Filing Requirements:

Filing requirements for Notice

 

 

Step by Step Instructions:

 

If filing a Corrected Motion for Relief from Stay, use the instructions below to avoid being charged a duplicate filing fee.

 

1. Log into CM/ECF

 

2. Select Bankruptcy > Motions, Applications & Briefs

 

3. Enter the case number (e.g. xx-xxxxx). Click Next

 

4. Select Relief from Stay, Motion for from the event list. Click Next

 

5. Select appropriate radio button to indicate whether or not the Motion you are filing is amended.

 

6. Check box if jointly filing with another attorney, click Next.

 

7. If you indicated in step 6 that you are filing jointly with other attorney(s), select additional attorney(s) and click Next

 

NOTE: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

 

8. Select the party filer.  If the party is not listed, click on Add/Create New Party. Click Next

 

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

 

9. Browse to select the Motion (pdf file).  Click Next

 

10. Review ECF notice. Click Next  

 

11. Indicate whether the notice is attached or will be filed separately. Click Next

 

12. If you indicated that the notice is included, enter service date and click Next

 

13. Review ECF notice and select radio button. Click Next

 

14. Review fee information. Click Next

 

15. If you indicated that you are filing an amended motion, all pending motions on the docket are displayed. Select the motion that is being amended and click Next

 

16. Enter additional text, if desired, and/or select prefix text and click Next

 

Note: The prefix text option is not available if you indicated in Step 5 that the Motion you are filing is amended. The additional text option is not always available. N/A

 

17. Verify final docket text and click Next to submit and to review the Notice of Electronic Filing.

 

18. Upload proposed order

 


 

Step by Step Instructions to file a Corrected Motion:

 

These instructions should only be used when filing a correction to an already-filed Motion for Relief from Stay

 

1. Log into CM/ECF

 

2. Select Bankruptcy > Motions, Applications & Briefs

 

3. Enter the case number (e.g. xx-xxxxx). Click Next

 

4. Select Relief from Stay, Motion for (Corrected - Fee Previously Paid) from the event list. Click Next

 

5. Check box if jointly filing with another attorney, click Next.

 

6. If you indicated in step 5 that you are filing jointly with other attorney(s), select additional attorney(s) and click Next

 

NOTE: You cannot add attorneys. Only attorneys who have previously entered an appearance will be available for selection.

 

7. Select the party filer.  If the party is not listed, click on Add/Create New Party. Click Next

 

Note: The "Attorney/Party Association” screen may appear. If your party selection was correct, check the box to create an association and click Next.

 

8. Browse to select the Motion (pdf file).  Click Next

 

9. Review ECF notice and enter receipt number from the original Motion (this is listed on the docket). Click Next

 

10. Click to select the Motion that your current filing is correcting and click Next

 

11. If you are filing a corrected objection notice along with the corrected Motion, choose the Yes radio button, otherwise choose No. Click Next

 

12. If you chose Yes in the step above, indicate whether the notice is attached or will be filed separately and click Next. If you indicated that the notice is included, enter service date and click Next

 

13. If the Motion you are correcting was not filed electronically (i.e., you mailed or hand delivered it to the Court), you are asked if you wish to waive the hearing time limit requirement. Select the appropriate radio button and click Next

 

14. Enter additional text, if desired, and/or select prefix text and click Next. Do not choose Amended - the docket text will automatically show that your current Motion is a correction to a previously filed one.

 

15. Verify final docket text and click Next to submit and to review the Notice of Electronic Filing.

 

16. Upload proposed order if you have not already done so, or if you need to upload a corrected one.

 

 

 

Curing a Deficient Filing:

If the Motion is deficient: A corrected motion, using ECF event, Relief from Stay – Corrected (Fee Previously Paid), must be filed prior to the deficiency deadline or the original filing may be stricken by the court.

 

If the Notice is deficient or missing: A Notice, using ECF event Relief from Stay Notice with Certificate of Service, must be filed prior to the deficiency deadline or the Motion may be stricken by the court.

 

If the Certificate of Service is deficient or missing: A Certificate of Service, using ECF event Certificate of Service (including Statement in Lieu for Address Changes), fixing deficient items, must be filed prior to the deficiency deadline or the Motion may be stricken by the court.